Terms and Conditions

-Date of last revision: February 2022

-Welcome to our PrimeMelody® community!  You are reading these Terms because you are using a PrimeMelody® website, digital experience, social media platform, mobile app, wearable clothing, or one of our other products or services, all of which are part of PrimeMelody’s Platform (“Platform”).  You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”.  Your carrier's normal rates and fees apply to your Device.

-These Terms create a legally binding agreement between you and PrimeMelody® and its affiliates (which we may refer to as “PrimeMelody,” “we,” “us,” or “our”) regarding your use of the Platform.

-The following terms and conditions (the "Terms and Conditions") govern your use of PrimeMelody-operated websites and/or mobile apps (collectively, the "Site").  The Site is made available by PrimeMelody® LLC and its affiliates (collectively, "PrimeMelody" or "we" or "us").  We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. 

-Our Sites may include the option to purchase physical or digital goods. By accessing and/or using this site, including registering for an account, interacting with the site, or submitting feedback through the site, you accept and agree to these terms and conditions and to abide by all rules, terms, conditions, restrictions and notices in the terms and conditions.

-If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.

-Proprietary Rights

As between you and PrimeMelody, PrimeMelody owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark, patent, database, moral, sui generis and other intellectual property and proprietary rights therein.  Your use of this Site does not grant to you ownership of any content, code, data or materials you may access on the Site.  You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only.  Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of PrimeMelody or the applicable rights holder(s).  (This Site may contain some features that enable you to obtain rights to use certain of the content on the Site, such as lyrics, music, photographs, and the like.  In such situations, your rights to use such content are limited to the rights expressly granted by PrimeMelody in such situations.)  You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site.  If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.  PrimeMelody will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

-Trademarks

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of PrimeMelody and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders.  All Trademarks not owned by PrimeMelody that appear on this Site, if any, are the property of their respective owners.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of PrimeMelody or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited.  PrimeMelody will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

-User Information

In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information").  Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site's Privacy Policy which is incorporated herein by reference for all purposes.  You acknowledge and agree that you are solely responsible for the accuracy and content of User Information. 

-Mobile User Information

When you enroll in a text message service (“Text Service”) offered by PrimeMelody, you agree to receive recurring offers and other information from us via SMS and/or MMS message at the mobile number you provided during the service’s registration process. You may be required to respond to an initial message as instructed to complete registration and confirm enrollment. The enrollment process will disclose the program, frequency of messages, and options to cancel your enrollment.

Messages will be sent through an automatic telephone dialing system. There is no additional charge for this service, unless specifically disclosed and agreed by you, but you may be offered opportunities to make purchases through the Text Service and you will be responsible for any charges associated with such purchases. Your mobile carrier’s standard message and data rates may apply to any messages you send or receive through the Text Services, including our confirmations and subsequent texts. Please contact your mobile carrier for more information regarding your mobile data and messaging plan.

As described at program enrollment and in program welcome messages, including messages sent to a shortcode associated with the Text Service or by replying to any message you receive from us, you may text “STOP” to cancel. If you choose to stop your subscription, you agree to receive a final text message from the Text Service to confirm your cancellation.  Our information collection and use policies regarding your information are set forth in our Privacy Policy. You agree to notify us of any changes to your mobile number and update your account with us to reflect this change and acknowledge that you are responsible for the accuracy of this information. You can contact us with questions through email at PrimeMelody.info@gmail.com

Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. We are not liable for any delays in the receipt of, or failure to receive, any SMS or MMS texts, as delivery is subject to effective transmission by your mobile carrier.

-Unsolicited Materials

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way.  Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site's Privacy Policy. By submitting or sending Submitted Materials to us, you: (1) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (2) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.  We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

-Account and Password

You shall be entirely responsible for maintaining the strict confidentiality of any username or password administered to you through your Login; for any access to or use of the Site by you or any person or entity using the username or password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent; and for all activities that are conducted through your Account.  You agree to (a) ensure that you exit from your Account at the end of each session and (b) immediately notify PrimeMelody if you have any reason to believe an unauthorized use of your password or Account or any other breach of security has taken place.  It is your sole responsibility to control the dissemination and use of your password, control access to and use of your Account, and notify PrimeMelody when you desire to cancel your Account on the Site.  PrimeMelody will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

-Software Downloads

In the event that you receive software demos or other software products downloaded from the Site or otherwise delivered or provided by PrimeMelody in response to your request, your use of such software will be subject to the software license agreement that accompanies such software.

-Orders for Products and Services

We may make certain products available to visitors and registrants of the Site.  For example, you may be able to order certain music-related products and/or licenses through the Site.  You may only do so if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older.  You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to PrimeMelody.  You agree to pay all applicable taxes.  If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. 

-Third Party Websites

You may be able to link from the Site to third party websites ("Linked Sites").  For example, you may purchase products, some of which may be PrimeMelody products, on or though Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites.  Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.

-DISCLAIMER OF WARRANTIES

The site, including, without limitation, all services, content, functions and materials, is provided "as is" [and] "as available", without warranty of any kind. If you are dissatisfied with this site, your sole remedy is to discontinue using this site. PrimeMelody and its suppliers and licensors make no warranties or representations regarding any products or services under warranty.

-LIMITATION OF LIABILITY

In no event shall PrimeMelody or any of its protected entities be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, this site or the content, materials and functions related thereto, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through this site. In no even shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tor, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of this site exceed, in the aggregate, the amount, if any, paid by you to PrimeMelody for your use of this site.

-Applicable Laws

We control and operate the Site from our offices in the United States of America.  We do not represent that materials on the Site are appropriate or available for use in other locations.  Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

-Modifications to the Site and the Services

We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability.  We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.  PrimeMelody reserves the right to temporarily or permanently terminate your membership on the Site for any or no reason without prior notice.  

-Miscellaneous

Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.  If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.